Woman claims prison ‘slopping out’ regime affected her health

A number of cases by former prisoners over having to ‘slop out’ have been mentioned before the High Court.

Susan McGovern, a former inmate at Limerick Women’s Prison, claims she was subject to degrading treatment when had to slop out between 2000 and 2003 and from April 2012 to May 2013.

Ms McGovern, with addresses at Hennessy’s Road, and Manor Court, Cork Road, Waterford, has sued the Irish Prison Service, the Minister for Justice, the State and the Governor of Limerick Prison.

She claims her rights were breached after she was made sleep on a matress in overcrowded cells that lacked toilets. Ms McGovern claims she and former cellmates were provided with a small bucket, had to go to the toilet in plain view of other inmates and had to queue with other prisoners while waiting to empty the bucket. She alleges the cells were poorly ventilated, chaotic and unhygenic and that the regime affected her physical and mental health.

As a result of the conditions of her incarceration, Ms McGovern has brought a damages claim over alleged breach of her rights under the Constitution and European Convention on Human Rights. The claims are denied and the defendants say the action should be dismissed as it has been brought outside the relevant time limits.

Redress board

When the matter was mentioned on Tuesday before Ms Justice Leonie Reynolds, Frederick Gilligan BL, for the State, said it should be considered by a redress board set up following a Supreme Court judgment on an earlier case over slopping out. The Supreme Court last year found former prisoner Gary Simpson was entitled to €7,500 damages over his prison conditions, including having to slop out, over an eight month period in Mountjoy Prison in 2013.

Ms Justice Reynolds directed the defendants file a defence to Ms McGovern’s claim within 12 weeks and adjourned the matter to facilitate that.

A separate slopping out claim, brought by Christoper Coakley, of Empress Place, Dublin, arising out of his detention at Mountjoy prison in 2011 and in 2012, was briefly mentioned before the Master of the High Court.

Mr Coakley claimed he was placed with other inmates with cells that lacked toilets and any running water. He claimed he had to defecate into a pot or bag or newspapers in the presence of cellmates and was present when they did the same.

Master Edmund Honohan was due to deal with an application by Mr Coakley’s lawyers brought in the wake of the Simpson judgment to remit the claim to the Circuit Court, but was told the case could be struck out as the claim had been resolved between the parties.